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2018 (3) TMI 974

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....stoms<br>SHRI S.S GARG, JUDICIAL MEMBER AND SHRI B. RAVICHANDRAN, TECHNICAL MEMBER Mr. V. Ganga Bai, Advocate, For the Appellant Mr. Chandra Mohan, Commissioner (AR), For the Respondent Per: S.S GARG &nbsp;In all these appeals filed by the appellants, the issue involved is classification of semi-finished spectacle lenses and eligibility for exemption Notification providing for exemptio....

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....d concluded that the semi-finished spectacle lenses can be more appropriately classifiable under Chapter subheading 9001.90.90 of the Customs Tariff Schedule, as 'other' optical elements and denied the benefit of exemption contained under Notification No.06/2006-CE dated 1.3.2006, as the said benefit of exemption is available only to spectacle lenses and accordingly assessed the above said bill of....

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....and 'ophthalmic blank' are commercially recognized to be two different and distinguished goods. He further submitted that the issue involved in the present case is no more res integra and has been settled by the Hon'ble apex court in favour of the appellants in their own case as reported in 2016 (335) ELT 584 (SC) wherein the Hon'ble the apex court disposed of the bunch of appeals by the appellant....

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....hey were treated as semi-finished only because of the reason that while fitting these lenses for a particular customer, i.e., before customizing according to the prescription, they were to be finished lenses. For the aforesaid reason, the goods could not be treated as 'semi-finished' and it could be appropriately described as 'to be finished spectacle lenses'. Therefore, such lenses would clearly ....